The Origins of the FCPA: Lessons For Effective Compliance and Enforcement: Part Two

This is the second part of an occasional series. The first part is available here . The entire paper will be published by Securities Regulation Law Journal early next year. The Illicit or Foreign Payments Cases The preliminary inquiry was followed by formal SEC investigations early in 1974....

The Origins of the FCPA: Lessons for Effective Compliance and Enforcement — Part Three

This is the third part of an occasional series. The first part is available here , while the second is here . The entire paper will be published by Securities Regulation Law Journal early next year. . The foreign payments cases held the organization and the individuals involved accountable while improving...

Professor Koehler Files Amicus Brief Urging Supreme Court To Hear “Foreign Official” Challenge

This article was reprinted with permission from FCPA Professor This previous post highlighted the petition for certiorari filed in the Supreme Court requesting the Court hear U.S. v. Esquenazi (the recent 11th Circuit decision of first impression in which the court concluded that certain state-owned...

Friday FCPA Roundup for Week Ending Sept. 19

This article was reprinted with permission from FCPA Professor GSK announces verdict in China, the silly season, interesting read, Alibaba, and get it right! It’s all here in the Friday roundup. GSK Verdict in China Earlier today, GlaxoSmithKline announced : “[T]he Changsha Intermediate...

Attorney General Holder – “The Buck Needs to Stop Somewhere” – But Does It Stop With Him?

This article was reprinted with permission from FCPA Professor Last week U.S. Attorney General Eric Holder delivered this speech at New York University School of Law. While focusing on financial fraud issues, the speech also touched upon several issues of general interest such as Holder’s statement...

Billy the Kid Begins and the GSK China Verdict

According to This Day in History, 139 years ago today, Billy the Kid was arrested for the first time, for theft. Billy the Kid was believed to have been born in New York City and was later taken out west by his mother. He was arrested on September 23, 1875 when he was found in possession of clothing...

The Origins of the FCPA: Lessons for Effective Compliance and Enforcement – Part Four

This is the fourth part of an occasional series. The first is available here , the second here and the third here. The entire paper will be published by Securities Regulation Law Journal early next year. The volunteer program The corporate payments issue and the SEC investigations and actions garnered...

Friday FCPA Roundup for Week Ending Sept. 26

This article was reprinted with permission from FCPA Professor An invite, ripples, the odd dynamic, and scrutiny alerts and updates. It’s all here in the Friday roundup. You Are Invited King & Spalding is pleased to host Professor Mike Koehler for an informal lunch discussion...

The Origins of the FCPA: Lessons For Effective Compliance and Enforcement – Part Five

This is the fifth part of an occasional series. The first is available here , the second here , the third here and the fourth here . The entire paper will be published by Securities Regulation Law Journal early next year. The Congressional debates The revelations from the Watergate hearings and...

The Origins of the FCPA: Lessons For Effective Compliance and Enforcement — Conclusion

This is the final part of an occasional series. The first is available here , the second here , the third here , the fourth here and the fifth here . The entire paper will be published by Securities Regulation Law Journal early next year. Conclusion: The FCPA Today The FCPA was unique in the world...

Supreme Court Declines to Hear “Foreign Official” Challenge

This article was reprinted with permission from FCPA Professor As highlighted in previous posts ( here , here and here ), the defendants in U.S. v. Esquenazi (see here for the May 2014 11th Circuit decision [ an enhanced version of this opinion is available to lexis.com subscribers ]) petitioned the...

Friday FCPA Roundup for Week Ending Oct. 10

This article was reprinted with permission from FCPA Professor A tribute, resource alert, bureaucratic brazenness , scrutiny alerts and updates, a bushel, quotable, and for the reading stack. It’s all here in the Friday roundup. James McGrath I join Tom Fox ( FCPA Compliance and Ethics...

Friday FCPA Roundup for Week Ending Oct. 17

This article was reprinted with permission from FCPA Professor Strange definitions, asset recovery, through the revolving door, and proof. It’s all here in the Friday roundup. Strange Definitions The Department of Justice and Securities and Exchange Commission sure do have some strange...

Friday FCPA Roundup for Week Ending Oct. 24

This article was reprinted with permission from FCPA Professor SEC administrative proceedings, a sorry state of affairs, voluntary disclosure calculus, nice payday but what was really accomplished, and for the reading stack. It’s all here in the Friday roundup. SEC Administrative Proceedings...

Friday FCPA Roundup for Week Ending Oct. 31

This article was reprinted with permission from FCPA Professor Scrutiny updates, the story of the FCPA, keep it simple, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Updates Goodyear Goodyear Tire & Rubber Co. has been under FCPA scrutiny for approximately...

Items of Interest From the Bio-Rad Enforcement Action

This article was reprinted with permission from FCPA Professor This previous post dived deep into the Bio-Rad Laboratories FCPA enforcement action. This post continues the analysis by highlighting various issues from the enforcement action. Play On Words The enforcement action was the result...

Friday FCPA Roundup for Week Ending Nov. 7

This article was reprinted with permission from FCPA Professor A double standard dandy, scrutiny alerts, quotable, asset recovery, protection money, and for the reading stack. It’s all here in the Friday roundup. Double Standard Dandy Numerous prior posts have highlighted the double standard...

Don’t Collapse in the Wind – Knowledge is Power

On November 7, 1940, high winds buffeted the Tacoma Narrows Bridge leading to its collapse. The first failure came at about 11 a.m., when concrete dropped from the road surface. Just minutes later, a 600-foot section of the bridge broke free. Subsequent investigations and testing revealed that when the...

A Suggested Read on a Variety of Topics

This article was reprinted with permission from FCPA Professor Several prior posts ( here , here , and here ) have focused on basic causation issues in connection with many Foreign Corrupt Practices Act enforcement actions. The lack of causation between an alleged bribe payment and any alleged...

In the Words of Loretta Lynch

This article was reprinted with permission from FCPA Professor President Obama nominated Loretta Lynch (U.S. Attorney, Eastern District of New York) to be the next Attorney General. This post highlights Lynch’s responses to various Foreign Corrupt Practices Act or FCPA related questions originally...

Atlanta Burns – the Bio-Rad FCPA Enforcement Action – Part III

On this date in 1864, the Union Army phase of the destruction of Atlanta began. While most Southerners credit Union General William T. Sherman with the burning of Atlanta, it was, in reality, Confederate General John Bell Hood who ordered the burning of the armament works that started the destruction...

Opinion Release 14-02: Dis-Linking the Illegal Conduct Going Forward

One of my favorite words in the context of Foreign Corrupt Practices Act (FCPA) enforcement is dis-link . I find it a useful adjective in explaining how certain conduct by a company must be separated from the winning of business. But it works on so many different levels when discussing the FCPA. Last...

And The Apples Go To …

This article was reprinted with permission from FCPA Professor Often times there seems to be an echo chamber when it comes to Foreign Corrupt Practices Act reporting, commentary, etc. One such occasion has been the recent Layne Christensen enforcement action (see here for the prior post). The theme...

FCPA Survey Results From the Classroom

This article was reprinted with permission from FCPA Professor Call them green, inexperienced, and naive as to how things really work. I call them good Foreign Corrupt Practices Act survey respondents because they are immersed in learning: (i) about black letter legal principles; (ii) legal authority...

Friday FCPA Roundup for Week Ending December 5

This article was reprinted with permission from FCPA Professor Transparency International’s latest Corruption Perception Index, monitor issues, scrutiny alert, Chinese SOEs, SEC press releases, hot, and for the reading stack. It’s all here in the Friday roundup. Transparency International’s...